Fact Check: Is Jack Smith's claim that Trump fueled Jan 6 Capitol attack true?

Smith testified that Trump was 'looking for ways to stay in power' in seeking to challenge the results of the 2020 election
PUBLISHED JAN 23, 2026
Former Special Counsel Jack Smith testifies during a hearing before the House Judiciary Committee in the Rayburn House Office Building on Capitol Hill on January 22, 2026, in Washington, DC (Getty Images)
Former Special Counsel Jack Smith testifies during a hearing before the House Judiciary Committee in the Rayburn House Office Building on Capitol Hill on January 22, 2026, in Washington, DC (Getty Images)

WASHINGTON, DC: Former special counsel Jack Smith testified on Thursday, January 22, before the GOP-led House Judiciary Committee and was unequivocal about who caused the January 6, 2021, attack on the Capitol.

Smith, who led investigations into the POTUS' alleged interference in the 2020 election and alleged mishandling of classified documents, testified publicly on Thursday about his probes. He claimed that Donald Trump fueled the January 6 Capitol attack. But is it really true? Let us find out below.

Claim: Jack Smith says Trump fueled Jan 6 Capitol attack

Jack Smith testified on Thursday, "Our investigation revealed that Donald Trump is the person who caused January 6, that it was foreseeable to him, and that he sought to exploit the violence."



"We followed the facts, and we followed the law, where that led us was to an indictment of an unprecedented criminal scheme to block the peaceful transfer of power," he added.

Moreover, the former special counsel added that partisan politics did not play a role in his decision to charge the President in his two investigations. 

U.S. President Donald Trump speaks to reporters on board Air Force One while flying in between Ireland and Washington as he returns from the World Economic Forum on January 22, 2026 (Getty Images)
President Donald Trump speaks to reporters on board Air Force One while flying between Ireland and Washington as he returns from the World Economic Forum on January 22, 2026 (Getty Images)

"Some of the most powerful witnesses were witnesses who, in fact, were fellow Republicans who had voted for Donald Trump, who had campaigned for him, who wanted him to win the election. These included state officials, people who worked on his campaign, and advisors," Smith said on Thursday.

He further testified that Trump was 'looking for ways to stay in power' in seeking to challenge the results of the 2020 election.

Fact Check: Jack Smith makes decisions based on facts and law

Jack Smith added on Thursday that the facts and the law supported a prosecution, adding that he made decisions not based on politics, but on the facts and the law.

The former special counsel said, "Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity. If asked whether to prosecute a former president based on the same facts today, I would do so regardless of whether that president was a Democrat or a Republican." 

WASHINGTON, DC - AUGUST 01: Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump on August 1, 2023 in Washington, DC. Trump was indicted on four felony counts for his alleged efforts to overturn the 2020 election. (Photo by Drew Angerer/Getty Images)
Jack Smith delivers remarks on a recently unsealed indictment, including four felony counts against President Donald Trump on August 1, 2023, in Washington, DC (Drew Angerer/Getty Images)

"No one, no one should be above the law in this country, and the law required that he be held to account. So that is what I did. To have done otherwise on the facts of these cases would have been to shirk my duties as a prosecutor and as a public servant, of which I had no intention of doing," he added.

Jack Smith's appearance on Thursday marked his second time before the committee, as he appeared behind closed doors last December. It is customary for former special counsels to appear before Congress publicly to reveal their findings.

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